Orly is trying to get things organized because of time constrictions, given that the judge published his ordered case managemnnet dates for trail etc.
Orly is not "Jumping the gun" She is establishing a record in case she has to ask for more time to get witnesses to attend if the motion to dismiss is refused.
She can point to " I asked for you to lift the stay," if there is a scheduling squabble about time later. Thus is because she is up against the whole US DOJ, that can easily control case management dates and overwhel the litigation by using its resources to get all of its witnesses ready while Orly at most has only a few buck and a coule of volunteers to help her. So you have to understand this pleading in that context.
The nuances of pleadings are often lost on those who have not had to labor under them.
If anything, Orly is thinking ahead of the game that is afoot.
Thank you for your reasoned response.